Landmark Verdict by the Indonesian Constitutional Court Separates Customary Forest From State Forest

16th May 2013, Original Source: AMAN

Indonesia’s Constitutional Court has accepted the Judicial Review of some parts of Act No. 41/1999 on Forestry (Undang-Undang Kehutanan or UUK), declaring that indigenous peoples’ customary forests should not be classed as “State Forest Areas.” This comes as a response to a petition submitted by the Indigenous Peoples’ Alliance of the Archipelago (AMAN) in March 2012.

Ruling No. 35/PUU-X/2012 separates customary forests from their previous classification as State forests. Indonesia’s 1999 Forestry Law previously stated that “customary forests are state forests located in the areas of custom-based communities”. The Constitutional Court’s ruling deletes the word “state” from that sentence, and revises the Law so that state forests no longer include customary forests.

A press release by AMAN can be found by clicking here [external link].

The new ruling (in Bahasa Indonesia) can be found by clicking here.